Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:9971-DB WP No. 11395 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 11395 OF 2021 (S-KSAT)
BETWEEN:
THE REGISTRAR KARNATAKA LOKAYUKTHA M S BUILDINGS DR. B R AMBEDKAR VEEDHI BANGALORE-560001 BY ITS REGISTRAR. …PETITIONER (BY SRI. K PRASANNA SHETTY, ADV.)
AND:
1.
MOHAMMED ATHAULLA S/O LATE K ABDUL GAFFAR AGED ABOUT 65 YEARS RETIRED SUPERVISOR DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS R/AT NO.2/12, 3RD FLOOR AZEEZA SPENCER ROAD FRAZER TOWN, BENGALURU-560005.
2.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, BANGALORE-560001. …RESPONDENTS (BY SRI. K.R. RAJENDRA, AGA FOR R2)
Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:9971-DB WP No. 11395 of 2021
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 10.06.2019 PASSED BY THE KAT IN APPLICATION NO.6413/2017 AS PER ANNEXURE-B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT)
The petitioner – Lokayukta represented by its Registrar is before this Court impugning the order dated 10.06.2019 in Application No.6413/2017 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’), whereunder respondent No.1's application is allowed, quashing the order of entrustment dated 09.02.2017 (Annexure-A1) as well as articles of charge dated 08.09.2017 (Annexure-A3), only on the ground that the articles of charge is barred by Rule 214(2)(b)(ii) of KCSRs.
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HC-KAR NC: 2026:KHC:9971-DB WP No. 11395 of 2021
2. Heard learned counsel Sri.K.Prasanna Shetty for petitioner and perused the entire writ petition papers.
3. The respondent retired from service on attaining the age of superannuation on 30.04.2014. Subsequent to his retirement, vide Government order dated 09.02.2017 enquiry against respondent was entrusted to the petitioner-Institution. Subsequent to entrustment, articles of charges were issued against respondent by the petitioner on 08.09.2017 in respect of an incident which had taken place in the year 2009.
4. Against a retired Government servant, no enquiry is permissible for an event which had taken place four years prior to such institution of enquiry. Therefore, the Tribunal is justified in quashing the Government order entrusting the enquiry dated 09.02.2017 as well as articles of charge dated 08.09.2017 issued in respect of an event which had taken place in the year 2009.
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HC-KAR NC: 2026:KHC:9971-DB WP No. 11395 of 2021
5. We don't find any error in the order passed by the Tribunal. Though it is a case for imposing costs, we refrain from imposing costs. There is no merit in writ petition and accordingly writ petition stands rejected.
Sd/- (S.G.PANDIT) JUDGE
Sd/- (K. V. ARAVIND) JUDGE
NC CT:bms List No.: 1 Sl No.: 21